Trademark Registration: How to Register Trademarks in Norway and EU?

A trademark will grant you exclusive rights to use the mark in the course of trade for the goods and services it is registered for. Should your company face a dispute over rights to the company name, having a trademark registration will also strengthen your position.

Additionally, a trademark registration provides increased assurance that your business is not infringing on the rights of others.

Benefits of Trademark Registration:

• Exclusive Rights: Prevent others from using a confusingly similar mark.
• Legal Protection: Easier to enforce your rights in case of infringement.
• Brand Recognition: Enhances the value of your brand.
• Asset Value: Trademarks can be valuable assets in business transactions.

Thorough preliminary work before selecting a trademark enhances the likelihood of the application being granted and helps ensure that the business secures a well-functioning trademark.

Steps in the Trademark Registration Process:

1. Preliminary Search:

• Conduct a search to identify potential conflicts with existing trademarks.
• We offer preliminary searches to identify potential obstacles before filing.

2. Selecting Goods and Services:

• Compile a comprehensive list of goods and services for which you wish to register the mark.
• The Nice Classification system consists of 45 different classes of goods and services.

3. Filing the Application:

• Submit the trademark application to the relevant authority.
• In Norway: Norwegian Industrial Property Office (NIPO).
• In the EU: European Union Intellectual Property Office (EUIPO).
• Pay the required application fees.

4. Examination by the Trademark Office:

• The office assesses whether the trademark meets legal requirements.
• They check for distinctiveness and potential conflicts with existing marks.

5. Publication and Opposition Period:

• If accepted, the trademark is published.
• There is a period (usually three months) during which third parties can oppose the registration.

6. Registration:

• If no oppositions are filed or they are resolved in your favor, the trademark is registered.

The cost of a trademark application depends on the number of classes for which the mark is sought to be registered. The classification system consists of 45 different classes of goods and services.

Cost in Norway

The cost for submitting a trademark application in Norway is as follows:

• Codex Advokat’s fee: NOK 7,500* ex VAT
• Public fee to the Norwegian Industrial Property Office (NIPO): NOK 3,800*

* This is based on an application for one class. For trademark applications covering more than one class, there will be an additional charge of NOK 500 + VAT in fees and NOK 1,000 in public fees per extra class.

Cost in the EU

The cost for submitting a trademark application in the EU is as follows:

• Codex Advokat’s fee: NOK 8,000* ex VAT
• Public fee to the EUIPO: EUR 850*

* This is based on an application for one class. For trademark applications covering more than one class, an additional charge of NOK 500 + VAT per extra class will apply, and EUR 50 in public fees for the second class, with EUR 150 per additional class beyond the second.

Work performed after submission will be billed based on time spent, at the agreed hourly rate. We can provide estimates for extensive work before commencing the work.

Contact us for a price estimate for other countries.

For a trademark to be accepted for registration, it must be capable of distinguishing your goods and services from those of others. The mark should not be descriptive of the goods or services or be a term commonly used in the industry.

Criteria for Registrable Trademarks:

• Distinctiveness: The mark must be distinctive and not merely descriptive.
• Not Deceptive or Misleading: It should not deceive consumers about the nature or origin of the goods or services.
• No Conflict with Existing Rights: The mark must not be confusingly similar to existing trademarks or trade names.

Examples of Registrable Marks:

• Words and Phrases: Invented or arbitrary words (e.g., “Kodak”).
• Logos and Images: Unique graphical designs.
• Slogans: Catchy phrases associated with your brand.
• Shapes and Packaging: Distinctive product shapes.

In Norway and the EU, a trademark registration is valid for ten years from the date of application. To maintain your trademark rights, the registration must be renewed every ten years.

Renewal Process:

• Notification: Trademark offices typically send reminders before the renewal date.
• Application for Renewal: Submit a renewal application and pay the required fees.
• Continuous Use: Ensure the trademark is in use to prevent cancellation due to non-use.

To assist you with registering your trademark, we require:

Details of the Trademark:

• A representation of the mark (word, logo, or both).

List of Goods and Services:

• Information about the goods and services you intend to offer under the trademark.
• We can advise on the appropriate classes under the Nice Classification.

Applicant Information:

• Legal name and address of the individual or company owning the trademark.

Our Services Include:

• Preliminary Search and Advice: Identifying potential conflicts and advising on registrability.
• Preparation and Filing of Application: Drafting and submitting the application.
• Handling Correspondence with Trademark Offices: Responding to any objections or office actions.
• Monitoring and Renewal Reminders: Keeping track of deadlines to maintain your rights.

Codex Advokat specializes in trademark law and can assist with:

• Trademark Registrations: In Norway, the EU, and internationally.
• Global Trademark Strategies: Planning and managing your trademark portfolio.
• Trademark Disputes: Representing you in oppositions and infringement cases.

Our attorneys at Codex Advokat have extensive experience in assisting with trademark matters for both small and large companies.

Contact us today!

Read More: Questions and Answers regarding Trademarks in Norway